Legal Opinion

Meckel's Appeal

Supreme Court of Pennsylvania

Decided May 10, 1886PublishedCited by 6 opinions

Appeal from the Orphans’ Court of Luzerne county: Of January Term, 1886, No. 28. Appeal of the widow and heirs of August Stiebens, deceased, from a decree of said court discharging a rule to show cause why the audit of the account of the administrator of the said August Stiebens should not be opened. On November 29th, 1884, the final account of J. W. Eno, administrator of the estate of August Stiebens, was confirmed showing a balance of $649.13 for distribution.

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Appeal from the Orphans’ Court of Luzerne county: Of January Term, 1886, No. 28. Appeal of the widow and heirs of August Stiebens, deceased, from a decree of said court discharging a rule to show cause why the audit of the account of the administrator of the said August Stiebens should not be opened. On November 29th, 1884, the final account of J. W. Eno, administrator of the estate of August Stiebens, was confirmed showing a balance of $649.13 for distribution. On March 10th, 1885, the estate was audited by the court, Rhone, P. J. The following is the adjudication : The audit in this ease…

1Opinion of the CourtJustice Gordon

It was said in Kinter’s Appeal, 12 P. F. S., 318, that the first section of the act of the 13th of October, 1840, was designed to make a bill of review in the Orphans’ Court a matter of right, and at the same time prescribe a limitation of time to the exercise of the power. All this, however, is obvious enough from the reading of the Act itself, and where a proper ease is set forth on the face of the petition, and the facts therein stated are verified by affidavit, it is the duty of the court to grant a rehearing, unless the case falls within the proviso appended to the said act. As no…

2Cited by6 opinions

  1. In Re Estate of BellSupreme Court of Pennsylvania · 1975
  2. Adams v. CommissionerUnited States Board of Tax Appeals · 1941
  3. Estate of KendallSuperior Court of Pennsylvania · 2009
  4. Myers's EstateSuperior Court of Pennsylvania · 1900
  5. Furey v. Metropolitan Life Insurance CompanyDistrict Court, N.D. California · 2020

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